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Canadian Navigable Waters Act

Version of section 6 from 2014-04-01 to 2019-08-27:

Marginal note:Approval

  •  (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule that the Minister has determined under section 5 is likely to substantially interfere with navigation only if the Minister has issued an approval for the work, which may be issued only if an application for the approval is submitted and the application is accompanied by the applicable fee.

  • Marginal note:Application for approval

    (2) The application for an approval shall be made in the form and manner, and contain the information, specified by the Minister.

  • Marginal note:Refusal

    (3) The Minister may refuse to issue an approval if he or she considers that the refusal is in the public interest, including by reason of the record of compliance of the owner under this Act.

  • Marginal note:Terms and conditions

    (4) The Minister may attach any term or condition that he or she considers appropriate to an approval including a requirement that the owner give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or any other form that is satisfactory to the Minister.

  • Marginal note:Compliance with requirements

    (5) The owner shall comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.

  • Marginal note:Contiguous area

    (6) The Minister may, in an approval, designate an area contiguous with a work that is necessary for the safety of persons and navigation.

  • Marginal note:Transfer

    (7) An approval may only be transferred if written notice of the transfer is given to the Minister 30 days before the transfer takes place.

  • Marginal note:Approval after construction or placement begins

    (8) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction or placement of the work after its construction or placement begins or is completed.

  • R.S., 1985, c. N-22, s. 6
  • 2009, c. 2, s. 322
  • 2012, c. 31, s. 318

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